Florida is forecast to have a warmer-than-usual summer, which is saying something. Floridians and tourists are already gearing up for long days on the Sunshine State's famous beaches and some backyard tanning, which brings up a frequent question: Do women have to keep their tops on?
It depends on where you expose yourself and what your intentions are.
What are Florida laws about public nudity?
Florida law is pretty direct: It bans "exposing or exhibiting" "sexual organs" in public or on someone else's private property in a "vulgar or indecent manner." You are also prohibited from being vulgar or indecent exposure naked in public, which generally means an accidental flash is no big deal, but lewd or sexual activity is forbidden.
The law does exempt nudity for nursing mothers and simple nakedness in a place "provided or set apart for that purpose," which covers locker rooms, changing rooms, doctors' offices, and also designated nude beaches and private resorts. Florida law also does not mention how trans men, trans women, or trans nonbinary people would be characterized under the statute.
Violations are a first-degree misdemeanor, punishable up to one year in jail and/or a fine of up to $1,000. Second and later violations are third-degree felonies, punishable by up to five years in jail and/or a fine of up to $5,000.
Can I be topless or nude in my backyard in Florida?
If you are not committing lewd or "vulgar" acts and you cannot readily be seen by neighbors or the public, yes.
The same goes for skinny-dipping in your pool or walking around naked in your home in front of windows.
However, if people can easily see you, you could face public exposure charges. Worse, if you are found to be exposing yourself where children can easily see you, you could be charged withcommitting lewd and lascivious conduct, a first-degree felony if the naked person is 18 or older and a third-degree felony if they are under 18.
Is it legal to skinny-dip in Florida?
Is it legal to breastfeed in public in Florida?
Yes. The Florida anti-nudity statute specifically exempts mothers breastfeeding their babies.
What does your bathing suit have to cover in Florida?
Florida law doesn't specify, but many local ordinances do. Daytona Beach ordinances, for example, go intoprecise detailabout how much breast by surface area must be covered and exactly where buttocks start. Checkyour local rulesby searching for "public nudity" or "exposure."
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Can I go to a nude beach in Florida?
You are permitted to strip down if you are at a location established for it, and out of the view of the unsuspecting public.
There isno restriction on nudity in the National Parks Service, and nudists and naturalists have taken advantage of that by establishing well-labeled nude beaches at several parks. Florida also boasts nude beaches at two county-owned parks, and an unofficial nude island on the west coast.
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Apollo Beach, Beach No. 5 at Canaveral National Seashore Park on the New Smyrna Beach end.
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Playalinda Beach, Canaveral National Seashore Park, coming from the Titusville end (nudity only permitted in the Volusia County portion, north of Lot 13).
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Blind Creek Beach, a clothing-optional beach between Pierce and Stuart that is sanctioned and operated by St. Lucie County.
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Haulover Beach, a designated quarter-mile section of Haulover Park near Hollywood and Miami, operated by Miami-Dade County.
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Passage Key, also called "Naked Island," a sandbar just north of Anna Maria at the mouth of Tampa Bay. The island itself is a designated bird sanctuary, and stepping on the beach itself is prohibited.
However, note that if your activity causes problems with other park goers, the NPS will step in to resolve the issue, and sexual or lewd activity at the other beaches will bring the law.
Are there any nude resorts in Florida?
There are several nudist and naturalist resorts in the Sunshine State, with some established many decades ago. They include:
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Cypress Cove, family-friendly clothing-optional resort in Kissimmee since 1964
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Paradise Lakes, adult-only resort in Lutz, Pasco County, the self-proclaimed "nudist capital of the US"
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Check each one for rules and availability. Andwear sunscreen.
Is it legal to go topless while protesting topless laws?
Apparently, although you may wish to consult local ordinances and an attorney before heading out. Public nudity remains illegal, but there have been localized rulings on specific topless protests.
In 2004, Elizabeth Book of Ormond Beach was arrested for exposing her chest on the Main Street Bridge during Bike Week under Daytona Beach's anti-nudity ordinance, according to Daytona Beach News-Journal archives. Book, a self-avowed top-free activist, was protesting what she called the unconstitutional inequality of women being forced to cover their breasts while men are not.
A judge later threw out the charges on the grounds that she was exercising her constitutionally protected free speech rights under the First Amendment.
She was arrested again for the same reason the next year, andthat case was dismissed as well.However, Book'sattempt to sue the cityover what she called false arrestsultimately failed.
Daytona Beach ordinancesnow acknowledge nudity in constitutionally protected communication, demonstration, or performance when it is necessary for a genuine message or public expression, provided it is not a guise or pretense utilized to exploit nudity for profit or commercial gain."
C. A. Bridges is a journalist for the USA TODAY Network-Florida's service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter,Florida TODAY.
This article originally appeared on The Daytona Beach News-Journal:Florida's nudity laws on beaches, tanning. What's legal in your yard
Florida is forecast to have a warmer-than-usual summer, which is saying something. Floridians and tourists are already gearing up for l...
